Item - 2024.PB24.4

The Toronto Preservation Board recommends that:

1.  City Council adopt the recommendations contained in Confidential Attachment 1 to this report (November 6, 2024) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, Confidential Appendix "A", and Confidential Appendix "B", if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this report (November 6, 2024) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

Anne Fisher, Program Manager, Heritage Preservation Services, Development Review, Urban Design, City Planning gave a presentation on 38 Walmer Road - Alterations to and Demolition of Heritage Attributes and Demolition of Buildings on a Designated Property - Request for Directions

The owner has filed an appeal to the Ontario Land Tribunal with respect to its Zoning By-law Amendment application and Heritage Permit applications under Section 33, Section 34(1)1 and Section 34(1)2 of the Ontario Heritage Act for the subject property at 38 Walmer Road (including entrance address at 188 Lowther Avenue).

The Zoning By-law Amendment, Site Plan application and Heritage Permit applications sought permission for the proposed redevelopment of the subject property with a 20-storey mixed-use building, containing 162 dwelling units and 1,950 square metres of non-residential GFA, including retail space, a community commercial use and a space for the Walmer Road Baptist Church congregation as a place of worship.  The proposal included retention of the Sanctuary building with the demolition and alteration of some heritage attributes, along with the demolition of the Sunday School and Memorial buildings.

The City Solicitor requires further directions for upcoming OLT proceedings relating to the heritage alteration appeals.